TIOL-DDT 692 · Wednesday, 5 September 2007 · story 1 of 4

Definitive Anti dumping Duty on phenol- yet another dead notification resurrected

Phenol originating in, or exported from, South Africa, Singapore and European Union was subjected to anti dumping duty with effect from 13.8.2002 by Notification No. 79/2002 dated 13.08.2002, confirmed by Notification No. 47/2003 dated 24.3.2003. Apparently this imposition lapsed on 12.08.2007, but obviously the Government does not have a mechanism to renew lapsing notifications on time. Now, on the recommendations of the Designated Authority to extend the anti dumping duty for another year, the Government issued a notification imposing fresh anti dumping duty till 12.08.2008.

But what happens to the period between 13.08.2007 and 31.08.2007, when there was no notification for imposing anti dumping duty? Incidentally, the Government has superseded Notification No. 47/2003, which had an unfortunate death on 12.08.2007. Can the government supersede a notification that does not exist?

NOTIFICATION NO. ,Dated: August 31, 2007

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